Janet Luna and three people identified as her guardians were named in a lawsuit filed last Thursday in Superior Court in Los Angeles, alleging deceptive business practices and a violation of California's unfair competition law.

They are asking for unspecified damages, restitution and an injunction preventing Smith and New Jersey-based TrimSpa, maker of TrimSpa X32, from making claims that users of the pills can lose substantial amounts of weight.

Smith has endorsed TrimSpa and is a spokeswoman, reports AP.

Last month, the Federal Trade Commission announced TrimSpa would pay $1.5 million (EUR 1.16 million) to settle allegations that the company's weight-loss claims were unsubstantiated.

TrimSpa released a statement following the announcement saying it supported actions to clean up the weight loss industry, but disputed the federal agency's allegation that a handful of TrimSpa advertisements that ran in 2003 and 2004 had insufficient substantiation.

TrimSpa also disagreed with any inference that its X32 product has no scientific support.

Messages left after hours with Joseph Farzam, an attorney for the plaintiff, and Ron Rale, Smith's lawyer, were not immediately returned.

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